Website and Mobile Application Terms of Sale

Last modified: January 30, 2019

 

PLEASE PRINT AND RETAIN A COPY FOR YOUR RECORDS

THESE TERMS OF USE AND CONDITIONS OF SALE FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU (“YOU”) AND Phil 4:13 Designs (“Phil 4:13 Designs ” OR “US”) AND SHOULD BE READ CAREFULLY.

THIS AGREEMENT GOVERNS YOUR PURCHASE OF ANY Phil 4:13 Designs PRODUCT (“PRODUCT”).

 

YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO PURCHASE PRODUCTS FROM THE WWW.THESCRIBEAPP.COM WEBSITE AND/OR MOBILE APPLICATION (OUR “MOBILE APP” REFERS TO A MOBILE APP OR MOBILE APPLICATION, A COMPUTER PROGRAM OR SOFTWARE APPLICATION DESIGNED TO RUN ON MOBILE DEVICES SUCH AS A PHONE, TABLET OR WATCH).

 

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE THE RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION, BELOW.

 

Questions?

 

Contact Customer Care at via email customercare@thescribeapp.com or by mail to:

 

Attn. Customer Care

Phil 4:13 Designs

647 Camino De Los Mares, Ste 108

San Clemente, CA 92673

 

Trial Terms; Silver, Gold, Platinum Packages, Automatic Monthly Payments Program and Cancellation Policy

There is no fee to download Scribe, and you will automatically be enrolled with a Silver Package. However, to use the full features of Scribe, you will be required to purchase an ongoing subscription.

Silver Package (Free)

There is no fee to download the Scribe App. Users that select the Silver Package will not incur a monthly fee. This tier of users will enjoy unlimited recordings. Recordings will automatically expire after 2 days and deleted at the end of the month if no subscription plan is chosen.  Users can customize their profile, search and add friends, capture images, mark recordings and files as public or private and see history in the app.

At the Silver Package, transcriptions will be available at $0.12/minute and can be requested as soon as a file is saved. Once transcription is requested, the file is moved to the Amazon cloud and the transcription process begins. If user requests a transcription, recordings will require cloud storage at $0.0499 per GB. Once the transcription is finalized, users can view the transcription and listen to the audio in real-time. As users view the transcription, the words spoken highlight in the transcription file from the audio recording.

Silver package transcription costs: $0.12 per minute and charged to card on file at point-of-sale.

Silver package cloud storage costs: $0.0499/GB and charged to card on file at month end.

Gold Package ($1.99/month)

There is no fee to download the Scribe App. Users that select the Gold package will incur a monthly fee of $1.99. If users choose, users can pay for a year of service in advance for $20 (which is about a 16% discount). This tier of users will enjoy unlimited recordings and include 10 GB of storage. Users will be able to customize their profile, search and add friends, capture images, mark recordings and files as public or private, export their files and see their history in the app.

 

Gold users will enjoy transcriptions at $0.10/min. Once transcription is requested, the file is moved to the Amazon cloud and the transcription process begins. If user requests transcription and file requires additional storage, cloud storage discount is offered at $0.0419 per GB. Once the transcription is finalized, users can view the transcription and listen to the audio in real-time. As users view the transcription, the words spoken highlight in the transcription file from the audio recording.

Additional storage over 10 GB - Gold package users will receive a 10% discount.

Gold package transcription costs: $0.10 per minute and charged to card on file at point-of-sale.

Gold package cloud storage costs: $0.0419/GB and charged to card on file at month end.

Platinum Package ($10.99/month)

There is no fee to download the Scribe App. Users that select the Gold package will incur a monthly fee of $10.99. If users choose, users can pay for a year of service in advance for $110 (which is about a 16% discount). Scribe also offers a 25% discount off full price subscription on the Platinum plan for students and public service workers when paid for 12 months of service up front - this would be $98.91/year for the Platinum tier. This tier of users will enjoy unlimited recordings and include 100 GB of storage. Users will be able to customize their profile, search and add friends, capture images, mark recordings and files as public or private, export their files and see their history in the app.

 

Transcriptions will be available at $0.08/minute and can be requested as soon as a file is saved. Once transcription is requested, the file is moved to the Amazon cloud and the transcription process begins. If user requests transcription and file requires additional storage, cloud storage discount is offered at $0.0399 per GB. Once the transcription is finalized, users can view the transcription and listen to the audio in real-time. As users view the transcription, the words spoken highlight in the transcription file from the audio recording.

Additional storage over 100 GB - Platinum members will receive a 20%.

Platinum package transcription costs: $0.08 per minute and charged to card on file at point-of-sale with minimum

Platinum package cloud storage costs: $0.0399/GB and charged to card on file at month end.

Unless you cancel, you will be automatically charged the recurring monthly fee. Deleting the Scribe application from your device/computer will not automatically cancel your ongoing monthly subscription.

 

You acknowledge and agree that your enrollment in one of the aforementioned Packages constitutes preauthorization to be charged for each monthly payment, and Phil 4:13 Designs will not obtain additional authorization from you after today for charges to your credit or debit card (“credit card”) made from your credit card account. You are solely responsible for any overdraft charges or fees you incur resulting from your any purchase you make of any Product, and enrollment and continued participation in the Program.

You may cancel at any time by emailing customercare@thescribeapp.com twenty-four (24) hours a day seven (7) days a week. You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is canceled or is no longer valid (for example, for loss or theft). Changes to such information can be made by contacting customer service at customercare@thescribeapp.com. We reserve the right to refuse or discontinue the supply of the Product to any user at any time at our sole discretion.

 

YOU UNDERSTAND THAT THIS CONSUMER TRANSACTION INVOLVES A NEGATIVE OPTION AND THAT YOU ARE LIABLE FOR PAYMENT OF FUTURE SERVICES, UNDER THE TERMS OF THIS AGREEMENT, IF YOU PURCHASE A PACKAGE AND THEN FAIL TO NOTIFY Phil 4:13 Designs NOT TO CONTINUE WITH PROVIDING THE SERVICES DESCRIBED. BY SIGNING UP FOR A PACKAGE, YOU PROVIDE YOUR ELECTRONIC AUTHORIZATION FOR FUTURE CHARGES AGAINST THE CREDIT CARD OR DEBIT CARD YOU PROVIDE UNLESS YOU CANCEL.

 

Refund Policy

If you decide to cancel at any time during the monthly subscription and your plan calls for a monthly payment, you will be charged for an entire month’s service. No refunds will be given.

If you decide to cancel at any time during the annual subscription and your plan calls for an annual payment, you will be charged for an entire year’s service. No refunds will be given.

 

Website and/or Mobile App Use

Your use of the Website and/or Mobile App for any illegal or unauthorized purpose is expressly prohibited. You represent and agree to provide true, accurate, current and complete information about yourself. You must not violate or infringe any of our intellectual property, including any copyright or trademark. Errors on the Website and/or Mobile App may be corrected when discovered, and we reserve the right to revoke any stated offer to correct any errors or inaccuracies. The Website and/or Mobile App content, product names, product lines, website names, promotion and offer names, and all related trade and service marks are and shall remain the exclusive intellectual property of Company. You specifically acknowledge that this Agreement does not confer upon you any interest in or right to use any trademark or service mark of Company or its Affiliates, unless you first receive the prior written consent of Company, which Company may grant or withhold in its sole discretion.

 

DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER

We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution. You agree to contact Us with disputes by writing to Us at Phil 4:13 Designs, 647 Camino De Los Mares, Ste 108 San Clemente, CA 92673. Phil 4:13 Designs will contact You by letter to the billing address you provided Us.

Thereafter, instead of suing in court, we each agree to arbitrate any and all disputes. The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA") and will be administered by the AAA. If the AAA is unavailable or refuses to arbitrate the parties' dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879.

 

TO THE EXTENT PERMITTED BY LAW, BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. Separate and apart from the agreement to arbitrate set forth above and to the extent permitted by law, the parties hereby independently waive any right to bring or participate in any class action in any way related to, or arising from, this agreement. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims.

We will pay all of the forum costs, including arbitrator fees; provide for the selection of a neutral arbitrator, and meaningful discovery; and require a written award to allow for adequate judicial review. However, reasonable attorneys’ fees shall be awarded to the prevailing party in such arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

 

Choice-of-Law

This Agreement shall be governed by and construed according to the laws of the State of California, without giving effect to normal choice-of-law and conflict-of-law principles, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of California, excluding that State’s choice-of-law principles.

Disclaimer of Warranties and Limitation of Liability

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THE WEBSITE AND/OR MOBILE APP AND PRODUCTS CONTAINED AND OFFERED ON THE WEBSITE AND/OR MOBILE APP ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Phil 4:13 Designs EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Phil 4:13 Designs DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR FREE FROM ERROR OR THAT ANY ERRORS WILL BE CORRECTED. IN NO EVENT SHALL Phil 4:13 Designs OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, UNDER ANY CAUSE OF ACTION WHATSOEVER INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OR OTHERWISE, FOR ANY CLAIM CAUSE OF ACTION, FEE, EXPENSE, COST, OR LOSS (COLLECTIVELY, “CLAIMS”) ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR USE OF THE WEBSITE AND/OR MOBILE APP OR ANY PRODUCT. The above warranties, limitation on liability and indemnification limitations apply as broadly and inclusively as is permitted by law in the State of New Jersey.

 

Representations; Product Disclaimers

You understand that you should not use the information on the Website and/or Mobile App to diagnose or treat any health problems or illnesses without consulting your doctor or physician. You further understand that this Product is not intended for use by persons under 18 years of age and the Product is not intended or to be used to treat any type of medical condition. Phil 4:13 Designs endeavors to provide you with accurate information about its Products. All Product specifications, performance data, and other information on the Website and/or Mobile App is for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Products will conform to such specifications or performance data. Phil 4:13 Designs does not warrant or represent that the Products will provide you with any particular benefits, or that your results will match those of others who consume the Products. Individual results will vary from person to person, and are dependent on factors including age, weight, diet, and exercise regimen. The above warranties, limitation on liability and indemnification limitations apply as broadly and inclusively as is permitted by law in the State of California.

 

Privacy

We respect your privacy and the use and protection of your nonpublic, personal information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your information in connection with your use of the Website and purchase of our Products.

 

Electronic Signature

You acknowledge and agree that by agreeing to this Agreement electronically that you are expressly agreeing to the terms set forth herein. You acknowledge and agree that by affixing your electronic signature that you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by the terms of this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE PRODUCTS OFFERED BY THE OPERATOR OF THE WEBSITE AND/OR MOBILE APP.

 

Miscellaneous

This Agreement constitutes the entire agreement between you and Phil 4:13 Designs and supersedes any prior version of this Agreement and Phil 4:13 Designs. If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid, the remaining provisions shall not be affected thereby and shall continue in full force and effect, and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of this Agreement.

 

Customer Care

If you have any questions, please email us at customercare@thescribeapp.com 24/7. You may also write to us at: ATTN: Phil 4:13 Designs, 647 Camino De Los Mares, Ste 108 San Clemente, CA 92673.